SB594 - Relating to assistance with veterans benefits claims.

  89R3172 CXP-F     By: West S.B. No. 594       A BILL TO BE ENTITLED   AN ACT   relating to assistance with veterans benefits claims.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 434, Government Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. ASSISTANCE WITH VETERANS BENEFITS CLAIMS           Sec. 434.451.  DEFINITIONS. In this subchapter:                 (1)     "Compensation" means the payment of money, a   financial benefit, or another thing of value.                 (2)     "Veterans benefit matter" means a claim by a   veteran, a veteran's dependent or survivor, or any other person for   a benefit, program, service, commodity, function, or status, the   entitlement to which is determined under laws and regulations   administered by the United States Department of Veterans Affairs or   the United States Department of Defense.           Sec. 434.452.  PROHIBITED ACTIONS. (a) A person may not:                 (1)     except as permitted by federal law, receive   compensation for:                       (A)     preparing, presenting, or prosecuting a   veterans benefit matter; or                       (B)     advising a person on, consulting with a   person about, or assisting a person with a veterans benefit matter;                 (2)     receive compensation for referring a person to   another person to provide a service described by Subdivision (1);                 (3)     guarantee, either directly or by implication, that   a person is certain to receive specific veterans benefits or a   specific level, percentage, or amount of veterans benefits; or                 (4)     receive excessive or unreasonable fees as   compensation for providing a service described by Subdivision (1).           (b)     The factors and presumptions specified by 38 C.F.R.   Section 14.636 govern a determination of whether a fee is permitted   or is excessive or unreasonable for the purposes of this section.           Sec.   434.453.     FEE AGREEMENT. A person seeking to receive   compensation for a service described by Section 434.452(a)(1) must,   before providing the service, memorialize in a written agreement   signed by both parties all terms regarding the payment of fees for   services provided. The fee agreement must comply with all   requirements specified by 38 C.F.R. Section 14.636.           Sec.   434.454.     DECEPTIVE TRADE PRACTICE. A violation of   this subchapter is a deceptive trade practice actionable under   Subchapter E, Chapter 17, Business & Commerce Code.          SECTION 2.  This Act takes effect September 1, 2025.